A Study on ways to resolve the conflict between freedom of expression and personal rights on SNS: Focusing on legal and institutional improvement measures

2021 ◽  
Vol 13 ◽  
pp. 1-17
Author(s):  
Jun Seok Lee
Keyword(s):  
Freedom Of Expression ◽  
Institutional Improvement ◽  
Personal Rights ◽  
Improvement Measures

Willingness of Journalists and Public to Support Freedom of Expression

1994 ◽  
Vol 15 (1) ◽  
pp. 102-114 ◽  
Author(s):  
Julie L. Andsager ◽  
M. Mark Miller
Keyword(s):  
Survey Data ◽  
Free Speech ◽  
Freedom Of Expression ◽  
The Public ◽  
Personal Rights

Two sets of survey data - one from a survey of ASNE members - were combined and analyzed to determine differences between journalists and the public in support of media rights and personal rights of free speech. Results indicate that journalists are significantly more supportive than the public of both kinds of expressive rights.

scholarly journals Analysing the legal aspect of freedom of expression within the framework of political discourse: The current situation in legislature and judicial practice in the Republic of Serbia

2021 ◽  
Vol 93 (3) ◽  
pp. 616-664
Author(s):  
Aleksandar Stevanović
Keyword(s):  
Freedom Of Expression ◽  
Legal Aspect ◽  
Legal Protection ◽  
Political Life ◽  
Specific Reference ◽  
Political Speech ◽  
Judicial Practice ◽  
Personal Rights ◽  
The Republic ◽  
The Right

In this paper, the author considers the importance of the right to freedom of expression with specific reference to political speech, which is undoubtedly an important precondition for the establishment of democratic institutions. Free political speech encourages a well-informed and politically sophisticated citizenry to take part in political life. Thus, political speech has a privileged position in terms of legal protection. However, in some cases, the limits of freedom of expression can come into questions, as well as the scope of political speech. It is a well-established stance that politicians need to tolerate a greater degree of criticism due to their positions. Nevertheless, they also need to be protected when it comes to the endangerment of their personal rights, beyond justified political discussion.

scholarly journals Badania nad totalitaryzmem — prawda historyczna i wolność indywidualna — prawo prywatne w służbie publicznej. Uwagi na tle „cywilnoprawnych” przepisów ustawy o IPN

2021 ◽  
Vol 43 (3) ◽  
pp. 103-114
Author(s):  
Piotr Machnikowski
Keyword(s):  
Public Discourse ◽  
Freedom Of Expression ◽  
Civil Code ◽  
The State ◽  
Public Interests ◽  
Artistic Creation ◽  
Occupied Territory ◽  
Personal Rights ◽  
Wide Range ◽  
The Republic

The much-publicised and rather unfortunate amendment of 2018 to the Act on the Institute of National Remembrance introduced not only the controversial and subsequently repealed penal provisions, but also the provisions on “Protection of the good name of the Republic of Poland and the Polish Nation”. According to these, protecting the good name of the Republic of Poland and the Polish Nation is subject to the provisions of the Civil Code. The intention of the lawmakers was to prevent the dissemination in public discourse of the false expression “Polish death camps” and similar expressions sometimes used to refer to Nazi German extermination camps located in the occupied territory of Poland. The provision mandating the application of the provisions of the Civil Code on personal rights to the protection of the state and nation’s good name may serve the intended purpose. However, its application may also be much broader, due to the vagueness of the wording used (“good name of the state and nation”) and the powerful protection afforded to personal rights in the Civil Code. The author discusses which provisions of the Civil Code can and which cannot be applied in this case. He also draws attention to the inadequacy of private law tools to protect public interests. He calls for a restrictive interpretation of the provision and recognizing a wide range of circumstances excluding the unlawfulness of an infringement in order to protect constitutional values such as freedom of expression, artistic creation, or scientific research.

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